MEDICAL MALPRACTICE AND NEGLIGENCE IN NIGERIA: HUMAN RIGHTS ENFORCEMENT AS A REMEDY

Abstract

Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, fails to follow proper standard of care or gives substandard treatment that causes harm, injury, or death to a patient. It has an element of intent that medical negligence does not have. The Constitution of Nigeria recognises protection of human life as a human right and also right to adequate health care are also envisaged under the National Health Act 2014. One of the ways the right can be breached is by medical malpractice or negligence of a medical practitioner. This act has become so rampant, living the victims to traditionally seek redress by civil proceedings, using the writ. Unfortunately, it is most times difficult to succeed in medical negligence or malpractice using the writ, because the medical practitioner performs his duties behind closed doors; the victims most times are unconscious or may not really see, understand or have knowledge of what is going on to aid in their evidence. Also, medical issues are highly technical, which would require the testimony of an expert and most times experts are not willing to testify against their fellow colleagues. The study has taken a critical appraisal of human right enforcement as a better remedy of victims of medical malpractice or negligence and found out that it is speedier, less cumbersome, less expensive and brings the culprits to book. The work discusses medical negligence, its proof and challenges. The work looked at the relevant fundamental rights as they relate to medical negligence/malpractice. The study recommended that human right enforcement provides a better alternative to actions on medical negligence/malpractice precisely because the breach or likelihood of any breach of the right to life or the dignity of human person is not subjected to the rigours of proving medical negligence, but on the threat made to the human life or the loss of it.